A defendant intends a tort if he acts within the purpose of producing the legally forbidden outcome.

Transferred Intent -- If an actor starts out with the purpose of causing one forbidden consequence it is intentional if another consequence occurs.

When does a defendant intend a tort?

He acts within the purpose of producing the legally forbidden outcome.

Transferred Intent -- If an actor starts out with the purpose of causing one forbidden consequence it is intentional if another consequence occurs.

Transferred Intent

If an actor starts out with the purpose of causing one forbidden consequence it is intentional if another consequence occurs.

What are the elements of battery?

The defendant commits a harmful or offensive contact

The contact is wiht the plaintif's person

When is a contact considered offensive (and therefore a battery)?

If it would not normally be permitted by persons of normal sensitiviy.

What does the plaintiff's "person" include for purposes of the definition of battery?

Includes anything the plaintiff is holding or touching.

What are the elements of assault?

The defendant must place the plaintiff in reasonable apprehension

Of an imminent battery

What is "reasonable apprehension" for purposes of the definition of assault?

Knowledge, not perfect knowledge, just reasonable knowledge.

The apparent ability to commit a battery creates a reasonable apprehension of battery.

What satisfies the "immediacy" requirement for purposes of the definition of assault?

Words alone lack immediacy; a verbal threat is not an assault unless accompanied by a threatening gesture

Even if you have a menacing gesture, words can negate the immediacy

What are the elements of false imprisonment?

The defendant must commit an act of restraint

The plaintiff must be confined in a bounded area

What satisfies an "act of restraint" for purposes of the definition of false imprisonment?

Threats may be enough (but must be plausible to a reasonable person)

Omission or failure to act may be an act of restraint if there was a prior agreement the defendant would do something

Only counts if defendant's act is one hwich the plaintiff is aware of or is harmed by

What satisfies the definition of "bounded area" for purposes of the definition of false imprisonment?

An area is not bounded if there is a reasonable means of escape that the plaintiff can reasonably discover.

Watch out for dangerous, disgusting, humiliating, or hidden ways out. Not a reasonable means of escape.

What are the elements of intentional inflition of emotional distress (IIED)?

The defendant must engage in outrageous conduct

The plaintiff must suffer severe emotional distress

NOTE: for this tort only RECKLESS conduct will be adequate to meet the mental requirement

What is the mental state requirement for intentional infliction of emotional distress (IIED)?

Recklessness.

What is the definition of "outrageous conduct" for purposes of the definition of intentional infliction of emotional distress (IIED)?

Conduct that exceeds all bounds of decency tolerated in a civilized society

Mere insults are NOT outrageous

Insults part of a larger package of behavior may be considered outrageous

What are some indicators of "outrageousness" for purposes of the definition of intentional infliction of emotional distress (IIED), i.e., conduct that exceeds all bounds of decency tolerated in a civilized society?

Repetitive, continuous

Abuse of a power relationship

If you have prior knowledge of an emotional weakness it is outrageous to target it

Plaintif is a member of a "fragile class" of persons (young children, elderly people, prengant women, looking for external attributes of vulnerability)

What is considered a "fragile class" of persons for purpose of determining whether conduct is "ourageous" enough to give rise to a claim for intentional infliction of emotional distress (IIED)?

Young children

Elderly people

Pregnant women

Look for external attributes of vulnerability

What evidence is required to satisfy the "severe emotional distress" requirement for purposes of the definition of intentional infliction of emotional distress (IIED)?

There is no requirement for external evidence; any self-reported distress will do.

What are the elements of trespass to land?

Defendant must commit an act of physical invasion

There must be land

What satisfies the definition of "physical invasion" for purposes of the definition of trespass to land?

Can go on the property on foot or in vehicle

Plaintiff does not need to know he crossed the boundary line; the intent to be there is enough without the intent to trespass

Throw a tangible object onto the property

The item must be physical

There does not have to be harm; it can be innocuous or even benign

What satisfies the "land" requirement for purposes of the definition of trespass to land?

A plaintiff's interests in real estate are not limited to the surface; they include air above and soil below out to a reasonable distance.